Nothing contained in the foregoing shall be deemed to limit the court in denying in a proper case, any one or more of the foregoing particulars, or in a proper case, in granting other, further or different particulars. Provided however that no new cause of action may be alleged or new injury claimed and that the other party shall upon seven days notice, be entitled to newly exercise any and all rights of discovery but only with respect to such continuing special damages and disabilities. A party may serve a supplemental bill of particulars with respect to claims of continuing special damages and disabilities without leave of court at any time, but not less than thirty days prior to trial. (b) Supplemental bill of particulars without leave. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence (2) Its approximate location (3) General statement of the acts or omissions constituting the negligence claimed (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed (5) If actual notice is claimed, a statement of when and to whom it was given (6) Statement of the injuries and description of those claimed to be permanent, and in an action designated in subsection (a) of section five thousand one hundred four of the insurance law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the insurance law, or economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the insurance law (7) Length of time confined to bed and to house (8) Length of time incapacitated from employment and (9) Total amounts claimed as special damages for physicians’ services and medical supplies loss of earnings, with name and address of the employer hospital expenses nurses’ services. Bill of particulars in personal injury actions. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence (2) Its approximate location (3) General statement of the acts or omissions constituting the. This entry was posted in Damages, Of Interest by Michael A. Bill of particulars in personal injury actions. Thanks to George Parpas for his contribution to this post and please write to Mike Bono for more information. Citing CPLR Section 3403 and case law, the Appellate Division held that leave to amend a Bill of Particulars is ordinarily to be freely given in the absence of prejudice or surprise, but in Kirk “the plaintiff failed to establish the absence of prejudice or surprise to the defendants, and failed to adequately explain the delay in seeking to add the new injuries.”Īs such, the Appellate Division found that the Supreme Court properly granted the defendants’ motion to strike the second and third supplemental bills of particulars. (May 6, 2020) - On April 30, 2020, the New Yorks Appellate Division, First Department, issued a decision in Silber v.Sullivan Properties, L.P. The “supplemental” Bills of Particulars were in fact amended Bills of Particulars, as they sought to add new injuries. The Appellate Division decision ruled that the plaintiff’s labeling of Bills of Particulars as “supplemental” does not control the reality of the pleadings. The Supreme Court granted the motion, and the plaintiff appealed. As such, the defendants filed a motion to strike the second and third Supplemental Bills of Particulars. In a recent case before a New York appellate court, the court explained what constitutes an expert report sufficient to obtain a dismissal in a hospital malpractice case. However, at his deposition, the plaintiff testified that there was no causal connection between the stroke he suffered and the accident. In turn, if the defendant wishes to have the case dismissed, he or she must refute each allegation in the bill of particulars with an expert report.
The plaintiff later served what he labeled a “second supplemental bill of particulars,” which alleged “consequential stroke,” and thereafter, a “third supplemental bill of particulars,” which amplified the allegations as to the stroke. The initial Bill of Particulars and Supplemental Bill of Particulars alleged various injuries to the plaintiff’s back, neck, and knee.
The plaintiff in Kirk filed a lawsuit in Nassau County Supreme Court for personal injuries allegedly sustained after his vehicle was hit in the rear by the defendants’ vehicle.
Nahon, the Appellate Division rebuked a recurring discovery procedure used by plaintiffs attorneys to add additional injuries during the course of personal injury litigation by serving additional Bills of Particulars.
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